06-23-2025 BOA Meeting Minutes

Chairman Bob Whelan called the Erlanger Board of Adjustment Meeting to order at 7:00 pm on Monday, June 23, 2025 in the Erlanger Council Chambers.

Board members Bob Whelan, John McVay, Eric Rolf, and Noah Osterhage were present. Terry Farro was not present.

Also present: PDS Senior Planner Patrick Denbow, PDS Intern Shawn Johnson, Director of Economic Development Mark Collier, and Attorney Jack Gatlin.

APPROVAL OF MINUTES: M/S, Rolf-Osterhage, that the Minutes of the meeting held on May 19, 2025 be approved as read. All ayes, no nays. Motion carried.

POSTPONEMENT OF ANY SCHEDULED BUSINESS ITEM: None

PUBLIC HEARINGS: Chairman Whelan opened the following hearing:

BOA-25-0019: 3126 Dixie Highway, applicant Land Consultants per Jeff Talkers, PE on behalf of Pat Patel c/o Timothy Lynch, Esq.

A. REQUEST: A variance request to the CC (Community Commercial) Zone of the Erlanger Zoning Ordinance to decrease the side yard setback from 10 feet to 5.19 feet.

B. SUMMARY: The applicant is proposing to split the parcel into two separate lots, with the new lot line being 5.19 feet from an existing rear building corner where 10 feet is required.

Mr. Whelan confirmed the following:

  • PDS made the appropriate notifications per KRS 100.
  • There were no other conflicts of interest with Board Members.
  • No Board Members visited the site.

Mr. Johnson presented the PDS Staff Report:

  • Mr. Johnson and Mr. Denbow were given the testimonial oath.
  • Request to the CC (Community Commercial) Zone of the Erlanger Zoning Ordinance to decrease the side yard setback from 10 feet to 5.19 feet.
  • The applicant is proposing to split the parcel into two separate lots between Mike’s Car Wash and RAD Trucking.
  • Staff provided a favorable recommendation for this request.

Applicant Jeff Talkers addressed the Board:

  • Mr. Talkers was given the testimonial oath.
  • Mr. Talkers stated the main reason for this lot split is for tax purposes, because there is one tax bill for the two businesses on the same lot.
  • The lot split would create a separate tax bill for each business.

There were no comments from proponents.

There were no comments from opponents.

Mr. Whelan closed the public comment portion of the hearing and opened discussion by Board Members.

Discussion by Board Members: None

Mr. Whelan asked if there was a motion for # BOA-25-0019, a variance reducing the required minimum side yard setback within the CC (Community Commercial) Zone of the Erlanger Zoning Ordinance.

M/S, McVay-Osterhage, I move to approve the variance based on the facts and considerations contained in the staff report and based on the testimony of staff and witnesses present at the public hearing. The variance will not:

  • adversely affect the public health, safety, or welfare,
  • alter the essential character of the general vicinity,
  • will not cause a hazard or nuisance to the public and
  • will not allow an unreasonable circumvention of the requirements of the zoning regulation.

All ayes, no nays. Motion carried.

PRELIMINARY HEARINGS: None.

REHEARING APPEALS: None.

BOARD ITEMS: None.

STAFF ITEMS: None.

AUDIENCE ITEMS: None.

NEXT MEETING DATE: July 28, 2025, if a new application is received by PDS.

ADJOURNMENT: M/S, Osterhage-Rolf to adjourn at 7:16pm. All ayes, no nays.